Tucson, AZ asked in Real Estate Law and Civil Rights for Arizona

Q: A friend of my dad's has been living in his house for more than 30 days. He passed recently and she won't move. Options?

My dad had agreed to let a friend of his stay with him short term. This turned into long term at around a year. She has been living rent free under my dads roof. About a month ago she became ill and was transported to a nursing facility where she remains presently. Around the same time my father became ill, was hospitalized and a few days ago, unfortunately passed away. Over the course of a few weeks leading up to this event I had reached out numerous times to the woman who was staying at my father's home and did not receive any reply. I do not want this woman, who I do not know and consider a stranger, living in my deceased father's home when she is released from the care facility. My dad did not, to my knowledge have a living will and his house and other assets will likely end up in probate. What options do I have?

Concerned Son

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1 Lawyer Answer
Peter H. Westby
Peter H. Westby
  • Scottsdale, AZ
  • Licensed in Arizona

A: The first step is to contact a probate lawyer. The lawyer will determine if a probate is needed to administer your dad's estate. If so, he will assist you in obtaining the appointment of a personal representative. The personal representative will have the legal authority needed to evict your dad's tenant. Since this person has been living in the home for an extended period, it is likely that an eviction will be needed.

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